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HomeMy WebLinkAboutReso 29-1987 RESOLUTION NO. 29-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT FOR FEDERAL FUNDING OF THE SOUTH SAN FRANCISCO NOISE INSULATION PROGRAM TO INSTALL SOUND- PROOFING IN RESIDENCES WHEREAS, many of the citizens occupying property in South San Francisco are adversely'affected in their use of such property by excessive noise resulting from operations at San Francisco International Airport; and WHEREAS, the City of South San Francisco has, for more than twenty years, made vigorous efforts to ease the effects of airport noise on its citizens; and WHEREAS, one method of assisting citizens of South San Francisco to enjoy a better ~uality of life while living in areas near South San Francisco Inter- national ~irport is to make structural changes and to insulate structures in areas affected by airport noise; and WHERE~S, the Aviation Safety and Noise Abatement Act of 1979 (commencing with 49 USC Section 2101), provides for Federal funding of 80% of local pro- jects to carry out noise compatibility programs that are in accord with the Act; and WHEREAS, the City of South San Francisco has been informed by the Federal Aviation Administration (FAA) that its project application dated August 26, 1986 for a grant of Federal funds to install soundproofing for noise compatibility in approximately fifty-five (55) residences has been approved; NOW, -HEREFORE, BE IT RESOLVED by the City Council of the City of South San Franc"sco that: 1. -he Mayor is authorized to sign all documents necessary for acceptance of any Federal funding authorized pursuant to the August 26, 1986 application and grant!offer. 2. -he City Manager is appointed agent of the City of South San Francisco to administer the grant, including, but not limited to, the signing of any docu- ments related thereto in the absence or inability of the Mayor to so sign. 3. -he City Attorney is authorized to sign any certificates necessary by legal counsel for completion of the grant offer. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 8th day of April , 19 87 by the following vote: AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teqlia, and Mark N. Addiego NOES: None ABSENT: None -2- Grant Agreement ORIGINAL Part I - Offer Approved: OMB No. 2120-0065 Date of Offer March 18, 1987 ' San Francisco International Airport/PlanningArea Project Number: 3-06-022 I-N5 Contract Number: DTFA08-87-C-3025 ] To' C£cy of South San ..F, rancisco '(herein called the 'Sponsor ) From: The United States of America (acting through the Federal Aviation Administration, herein called the 'FAA') Whereas, the sponsor has submitted to the FAA a Project Application dated Augusc 26, 1986, for a grant of Federal funds for a project at or associated with the San Francisco International Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and Whereas, the FAA has approved a project for the Airport or Planning Area (herein called the 'Project") consisting of the following: Install' soundproofing for noise compatibility (approximately 55 residences). all as more partic Jlarly described in the Project Application. FAA Form 5100-37 12~4) Page 1 of 4 pages Now therefore, pursuant to and for the purpose of carrying out the provisions of the Airpor~ and Airway Improvement Act of 1982, herein cai ed the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, an(J in consideration of {a) the Sponsor's adoplion and ratification of the representations and assurances contained in said Project Application and its acceptance of ti' is Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, The Federal Aviation Administration, for and on behalf of the United States, hereby offers and agrees to pay, as the United States share of the allowable costs Incurred in accomplishing the Project,' 80.00 pe~ceur. This Offer is m.~de on and subject to the following terms and conditions: Conditions 1. The maximL m obligation of the United States payable under this offer shall be $448,700.00 . For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United'States under the p'ovisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ -0- for planning $ -0- for land acquisition $ 448,700.00 for airport development or noise program implementation (other than land acquisition). 2. The allowable costs of the project shall not include any costs determined by the FAA to be ir~eligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Unless otherwise stated in this grant agreement, any program income earned by the sponsor during the grant pedod shall be deducted from the total allowable project costs prior to making the final determination of the United States share. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any Ul3ward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delay and in accordance with the terms hereof, and such regule, tions and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of t~e project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer s ~all expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before t~a7 3:, ! 987 or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all Steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon whi~ Federal funds have : been e~<pe'~ded. For the purposes of this grant agreement, the term 'Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval o' the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered =ederal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish t(: the Secret&ry, upon request, all documents and records pertaining to the determination of the amount of the Federalshare or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions o' the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The Unitec States shall not be responsibl~ or liable for damage to property or injury to persons which may arise from, or bE incident to, compliance with this grant agreement, and the sponsor shall hold the United States harmless from all claim., arising fror't, or related to, cor~pletion of the project or the sponsor's continuing compliance with the terms, conditions, an¢ assurances in this grant agreement. FAA Form SIQG-I? (s:,.M) Page 2 of 4 pages 10. 11. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon the basis of preliminary plans and specifications; and the parties hereby convenant and agree that within 180 days from the date of acceptance of this Grant Offer the Sponsor shall furnish final plans and specifications to the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for bids for accomplishment of such work un:il the said final plans and specifications have been approved by the FAA; and the parties do hereby further convenant and agree that any reference made in thsi Grant Offer or in the aforesaid Project Application to plans and specifications as so approved. The Sponsor shall comply with the Airort and Airway Improvement Act of ]982 and shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe and agrees to fully comply with the Part V Assurances dated July ~985 which are attached to and become a part of this offer. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V, Assurances and such agreement is determined to he satis- factory. As a minimum, the agreement with the private owner must contain the following provisions: The property owner shall subject the cons~urction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as may reasonably be requested by the the Secretary of the sponsor. be The property owner shall assume the responsibility for mainten- ance and operation of the items inst~lled, purchased, or con- structed under this grant agreement. Neither the Federal Aviation Administration nor the sponsor bears any responsibility for the maintenance and operatign of these items. Ce If Federal funds for the noise compatibility measures are trans- ferred by the aponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the sponsor, upon reasonable request, records disclosing the amount of funds received and the' disposition of those funds. The property owner's right to sue the owner of San Francisco International Airport for adverse noise impact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compa- tibility measures, but not to exceed 20 years from the date of the sponsor's acceptance of Federal aid for the project. Page 3 of 4 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Ag!reement, as provided by the Act, constituting the contractual obligations and rights o! the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. SuC:h Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. United States of America Federal Ayi~iop Administratioll,? . ManaEer, San Fra~clsco Airports District Off~ce Part !1 - Acceptance ' The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agree- ments contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. - Executed this day of ,19 CIT~ OF SOUT~ SAN FRANCISCO Attest: Title: Title Certificate of Sponsor's Attorney , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empoWered to enter into the foregoing Grant Agreement under the laws of the State of Cali f o r x: £ a . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, ar d find that the acceptance thereof by said Sponsor and Sponsor's official representative, has been duly authorized and tha; the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In additior, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of :- ,19 FAA, Form 5100-37 (~2~t Page 4of 4 pages Be PART V - ASSURANCES Noise Program Implementation Projects Undertaken By Non Airport Sponsors · '" ADDrovea OMB NO 2120-0C neral. -- 1. These assurances shall be complied with in the performance of grant agreements for noise program implementation projects undertaken by sponsors that are not proprietors of the airport which is the sul~ject of the noise compatibility program. 2. These assurances are required to be submitted as part of the project application by sponsors requesting .funds under the p *ovisions of the Airport and Airway Improvement Act of 1982 and the Aviation Safety sna Noise Abatement Act of 1979. Sponsors are units of local government in the area around the airport which is the subject of the noise compatibility program. . 3. Upon acceptanc~ of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. Duration. The terms, conditions, and assurances of the grant agreement shall remain in full force ancl effect throughout the useful life of the facilities developed or equipment acquired or throughout the useful life of the items installed within a facility under this project, but in any event not to exceed twenty (20)'years from the date of acceptance of a granl offer of Federal funds for the project. However, there shall be no time limit on the duration of the terms, conditions, an.d assurances with respect to real property ac. quire, d with Federal funds. Furthermore, the duration Of the Civil Rights assurance shall be as specified in the'assurance. Sponsor Certificalio-t. The sponsor herel~y assures and ~ertifies, with.res, pact to this grant that: 1. ~eneral Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guiaelines aha requirements as they relate to the application, acceptance and use of Federal funcls for this project including but not limited to the following: Federal Legislation a. Feder'-:l Aviation Act of lg58 - 49 U.S.C. 1301, el' seq. b. Davis-Bacon Act - 40 U.S.C. 276(a), el' seq. c. Federal Fair Labor Standards Act of 1938- 29 U.S.C. 201, el' seq. d. Hatch Act - 5 U.S.C. 1501, el' Seq. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601. et seq, National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470 (f). Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469, through 469C. Flood Disaster Protection ACt of 1973 - Section 102(a) -42 U.S.C. 4012a Rehabilitation ACt o7 1973 - 29 U.S.C. 794. Civil Fdghts Act of 1964 - Title VI - 42 U.S.C. 2000d through d-a,. Aviation Safety and Noise Abatement ACt of 1979, 49 U.S.C. 2101, el' seq. Age I: iscrimination ACt of 1975 - 42 U.S.C. 6101, et seq. Architectural Barriers ACt of 1968 - 42 U.S.C. 4151, el' seq. Airpo 1 and Airway Improvement Act of 1982 - 49 U.S.C. 2201, et seq. Powe 'plant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373. Contrsct Work Hours and Safety Standards ACt - 40 U.S.C. 327, et seq. Copel&nd Antikickbeck Act - 18 U.S.C. 874. National Environmental Policy Act of 1969- 42 U.S.C. 4321, el' seq. ' Endangered Species Act of 1973 - 16 U.S.C. 668(a), el' seq. Single Audit ACt of 1984 - 31 U.S.C. 7501, el' seq. Eze~utl~e Order~ Executive Order '12372, Intergovernmental Review of Federal Programs. Federal Regulallona 49 CFR Part 21 - Nondiscrimination in Fe<lerally-Assisted Programs of the Department of Transportation - Effectuetion of Title VI of the Civil Rights Act of 1964. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of TranSportation Programs. page 1 of 4 C. 48 CFR Part 25 - Uniform Relocltion and Rial Property Accluililion for Federal and Fedarally-Ass,s~eo .~ Programs. d. 29 CFR P~.rt 1 - Procedures for Predetermination of Wage Rates. -- e. 25 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in WhOle or Piti by~ Loans or Grantl Irom U.S. f. 29 CFR P&rt 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. g. 49 CFR P4rt 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. h. 41 CFR P.,rt 60- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-Assisted Contracting Requirements). i. 14 CFR Part 150 - Airport Noise Compatibility Planning. · J. Reserved. Office of Man--gemini and Budget Circulars a. A-87 - Cost PrinciPles Applicable to Grants and Contracts with State and Local Governments. b. A-102 - L niform Requirements for Assistance to State and Local Governments. . c. A-128- Audits of State and Local Governments. Specific assurances required to be included in grant agreements by any o! the above laws, regulations, or circulars are incorporated by ~eference in the grant agreement. 2. Responaibilily and Authority of the Sponsor. It has legal authority to apply for the grant, and to finance ancl carry Out the 3roposed project.; that a resolution, motion or similar action has been cI..uly adopted or passed as an official =ct of the apl~licant's governing body, authorizing the filing of the application, including all understandin~js and assurances contained therein, and directing and authorizing the. person identified as the official representative of the applicant to act in connection with the application and to pro, ida suCh additional inf~3rmation as may be required. :3. Sponsor Fund Availability. a. It has sL fficient funds available for that portion of the project costs which are not to be paid by the United States. b. It has sL fflcient funds available to assure operation and maintenance of items funded under the grant agreeml~nt which it will own or control. 4. Good Title. or projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secreta~, to that portion of the property upon which Federal funds will be expended or will give assurance tc the Secretary that good title will be obtained, S. Preserving flights and Powers a. It will no', enter into any transaction, or change thereto, or take or permit 'any action which would operate o deprive it of any of the rights and powers necessary to perform any or all Of the terms, conditio ~s. and assurances in the grant agreement without the written approval gl the Secretary. and will acttp acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfer~ with such performance by the sponsor. This shall be (lone in a manner acceptable to the Secretaly. b. It will ncaa. Sell. lease, encumber or otherwise transfer or dispose of all or any part of its title or other interest~ in that portion of the property upon which Federal funds have been expended, for the duration of the te rms. coati,tigris, and assurances in the grant agreement without approval by the Secretary. If ' the tran:;feree is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to hive the power, authority, and financial resourc~ ;s to carry out all such obligations, the sponsor shall insert in the contract or document transfer ring or disposing, of the sponsor's interest, and make binding upon the transferee, all gl the terms, c. For Ill govern into an Igree~ applica implern Secret; .onOitions, and assurances contained in this grant agreement. ~oise program implementation projects which are to be carried out by another unit of local ~ent or are on property owned by a unit of local government other than the sponsor, it will enter ~greement with that government. Except as otherwise specified by the Secretary. that eat shall obligate that government to the Same terms, conditions, and assurances that would be bio to it if it applied directly to the FAA for a grant to undertake the noise p~ogram entation project. That agreement and changes thereto must be approved in advance by the 'y. F&A F~orm SlOG-lO0.1 P~ 2 ol 4 .. Cl.. ~;or noise program implementation projects to be carried out on privately owned property, it wili enter into an agreement with the owner of that property which includes provisions specified by the Secretary. 6. Consistency wil ~ Local Plans. The project is reasonably consistent with plans (existing al the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise program implementation projects to be carried out on property which is not owned by the sponsor and which is under the land L se control or authority of a public agency other than the sponsor, the sponsor shall obtain from each agency a written cleclaration that such agency supports the project and the project is reasonably consistent with the agency's plans regarchng the property. 7. Consideration o ' Local InleresL It has given fair consideration to the interest of communities in or near which the project may be located. '- 8. Accounting Sys em, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the , recipient of ,he proceeds of the grant, the Iotal cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the U.S. General Accounting Off,ce publication entitled Guidelines for Financial and Compliance Audits o! Federally Assisted Programs. b. It shall make available to the Secretary and the Comptroller General of the United States. or any of their duly aufhor:zed representahves, for the purpose of audit and examinahon, any'boOks, documents, · papers, and records of fha recipient that are pertinent to the grants. The Secretary. may require that an appropriate audit be conducted by a recipient. In any case in which 6n independent auctit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used. it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 9. Minimum Wage Roles. It shall include, in all contracts in excess of $2,000 for work on any projects funded uncler the grant agreement which involve labor, prowsions establishing minimum rates of wages, to be predetermined :~y the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5). which contractors shall pay to Skilled and unskilled labor, and such mimmum rates shall be stated in the ~nwtation for b~ds and shall be included in proposals or bids for the work. Velerans Preference. It shall include. ~n all contracts for work on any projects funded under the grant agreement wh:ch involve labor, such provisions as are necessary to insure that. in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Wetnam era and disabled veterans as defined in section 515(c)(1) and (2) of the Airport and Airway Improvement Act 'of 1982. However, this preference shall apply only where the individuals are available and qual~hed to perlorm the work tO which the employment relales. Conformity to Plans end Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary pr:or to commencement of sale preparation, construction, or other performance under this grant agreement, anc, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 12. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction sr,e throughout the project to assure that the work conforms with the plans, specifications. and schedules approved by the Secretary for the project. It shall subject the construction work on any proiect contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations an~ procedures shall require such Cost and progress reporting by the sponsor or sponsors Of such project as the Secretary shall deem necessary. '- 13. Operation and ,taintenance. It will suitably operate and maintain noise program implementation items that it owns or controls upon which Federal funds have been expended. 10. 11. ~"AA FO," 5100-100.1 Page 3 of 4 16. 17. 18. Hazar~l Prevention. If will protect the aerial approaches tO the airport I~y preventing the estaOlishment or creation of future/airport hazards on property owned or controlleCl by it or over which ~t has lanct use jurisdiction. , Compatible Land Use. It will take appropriate action, including the acloption of zoning laws. to the extent reasonable, to re: tract the use of land adjacent to or in the immediate vicinity of the airport to act,vlt~es and purposes compa~ il31e with normal airport operations, including landing and takeoff of aircraft. In aCldilion, it will not cause or permit any change in land use, within its jurisdiction that will reduce the compatibility, with respect to ti" · airport, of the noise program implementation measures upon which Federal funds have been expended. Reports anti Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Sa :retary may reasonably request. It will also make records and (~ocuments relating to the project, and con1 inued compliance with the terms, conditions, and assurances of the grant agreement inclucling deeds, leases, agreements, regulations, ancl other instruments, available for inspection by any Cluly authorized :gent of the Secretary upon reasonable request. Land for Federal Facilities. It will furnish without cost tO the Federal Government for use in connection with lny air traffic co ~trol or air navigation activities, or weather-reporting end communication activities relatecl to air Iraffic con~ roi, any areas of land purchased under this grant agreement as the Secretary considers necessary or de:,iral)ie for construction, operation and maintenance at Federal expense Of space or facilities for suclt purposes.'Such areas or any portion thereof will be made availal~le as provicled herein within four monlhs after receipt of a written recluest from the Secretary. Civil Righli. It v ill comply with such rules as are promulgated tO assure that no persor~ shall, on the grounds of race, creed, CC)lor, national origin, sex, age. or handicap I~e excluclecl from participating in any activity conducted with or I)enefiting from funds received from this grant. This assurance ol~tigates, the sponsor for the period cluring which Federal financial assistance is extenclecl to the'program, except wJ~eri~ the Fecleral financial assista ~ce is to provide, or is in the form of personal property or real property or interest therein or structures or im )rovements thereon, in which case the assurance obligates the sponsor or any transferee for the longer o1 the following periocls: (a) the periocl during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or 13enel~ts or (~) the periocl aur:ng which the sponsor retains ownership or possession of the property. o!